[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Notices]
[Pages 6691-6692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2900]


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DEPARTMENT OF LABOR

Office of the Secretary


Bureau of International Labor Affairs; U.S. National 
Administrative Office; North American Agreement on Labor Cooperation; 
Notice of Determination Regarding Review of U.S. Submission 
2003-01

AGENCY: Office of the Secretary of Labor.

ACTION: Notice.

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SUMMARY: The U.S. National Administrative Office (NAO) give notice that 
on February 5, 2004, U.S. Submission 2003-01 was accepted for 
review. The submission was filed with the NAO on September 30, 2003, by 
the U.S.-based United Students Against Sweatshops (USAS) and the 
Mexico-based Centro de Apoyo al Trabajador (CAT). An amendment to the 
submission was filed by the submitters on November 10, 2003. The 
submitters allege that the Government of Mexico has failed to fulfill 
its obligations under the North American Agreement on Labor Cooperation 
(NAALC) to effectively enforce its labor law in connection with freedom 
of association and protection of the right to organize, the right to 
bargain collectively, minimum employment standards, occupational safety 
and health, and access to fair, equitable and transparent labor 
tribunal proceedings related to events at two garment manufacturing 
plants located in the State of Puebla, Mexico.
    Article 16(3) of the NAALC provides for the review of labor law 
matters in Canada and Mexico by the NAO. The objectives of the review 
of the submission will be to gather information to assist the NAO to 
better understand and publicly report on the Government of Mexico's 
compliance with the obligations set forth in the NAALC.

EFFECTIVE DATE: February 5, 2004.

FOR FURTHER INFORMATION CONTACT: Lewis Karesh, Acting Secretary, U.S. 
National Administrative Office, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room S-5205, Washington, DC 20210. Telephone: 
(202) 693-4900 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: On September 30, 2003, U.S. Submission 
2003-01 was filed by the United States Against Sweatshops 
(USAS) and the Centro de Apoyo al Trabajador (CAT) under the North 
American Agreement on Labor Cooperation (NAALC) concerning the 
enforcement of labor law by the Government of Mexico. An amendment to 
the submission was filed

[[Page 6692]]

by the submitters on November 10, 2003. The submission focuses on 
events at Matamoros Garment S.A. d C.V. and Tarrant M[eacute]xico 
located in the State of Puebla, Mexico.
    The submitters allege that the Government of Mexico has failed to 
fulfill its obligations under the NAALC to effectively enforce its 
labor law under Article 3 in connection with freedom of association and 
protection of the right to organize, the right to bargain collectively, 
minimum employment standards, occupational safety and health, and 
Article 4 and 5 on access to fair, equitable and transparent labor 
tribunal proceedings.
    The submission focuses on union organizing attempts by workers at 
both Matamoros Garment S.A. de C.V. and Tarrant M[eacute]xico, 
allegedly hindered by the Government of Mexico, specifically the Puebla 
Conciliation and Arbitration Board, due to its failure to provide a 
fair union registration process. Allegations also include failure to 
pay minimum wages, back wages, and severance compensation; forced 
overtime; illegal suspensions and layoffs; and unsanitary conditions in 
the factories' cafeterias and bathrooms. The submitters assert that the 
Government of Mexico has repeatedly failed to fulfill its obligations 
under Part 2 of the NAALC to effectively enforce its labor law.
    The Procedural Guidelines for the NAO, published in the Federal 
Register on April 7, 1994, 59 FR 16660, specify that, in general, the 
Secretary of the NAO shall accept a submission for review if it raises 
issues relevant to labor law matters in Canada or Mexico and if a 
review would further the objectives of the NAALC.
    U.S. Submission 2003-01, which alleges that Mexico has 
failed to effectively enforce its labor law under Articles 3, 4, and 5, 
relates to labor law matters in Mexico. A review would further the 
objectives of the NAALC, as set out in Article 1 of the NAALC, among 
them improving working conditions and living standards in each Party's 
territory, promoting the NAALC's labor principles, and encouraging 
publication and exchange of information, data development, and 
coordination to enhance mutually beneficial understanding of the laws 
and institutions governing labor in each Party's territory.
    Accordingly, this submission has been accepted for review under 
Section G of the NAO Procedural Guidelines.
    The NAO's decision is not intended to indicate any determination as 
to the validity or accuracy of the allegations contained in the 
submission. The objectives of the review will be to gather information 
to assist the NAO to better understand and publicly report on the 
issues of freedom of association and protection of the right to 
organize, the right to bargain collectively, minimum employment 
standards, occupational safety and health, including the Government of 
Mexico's compliance with the obligations agreed to under Articles 3, 4, 
and 5 of the NAALC. The review will be completed, and a public report 
issued, within 120 days, or 180 days if circumstances require an 
extension of time, as set out in the Procedural Guidelines of the NAO.

    Signed at Washington, DC, on February 5, 2004.
Lewis Karesh,
Acting Secretary, U.S. National Administrative Office.
[FR Doc. 04-2900 Filed 2-10-04; 8:45 am]
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